Durban - Senior KwaZulu-Natal state prosecutor advocate Meera Naidu is alleged to have lied to the courts during the State’s fraud trial against Durban business tycoon Shauwn Mpisane two years ago - and allegedly instructed top Sars officials to do the same.
The explosive claims are contained in an affidavit by Martin van der Merwe, a senior manager in the Sars anti-corruption and security unit.
The affidavit forms part of the evidence in the National Prosecuting Authority’s internal disciplinary hearing against Naidu for her handling of the Mpisane trial, which saw the State and Sars forced to withdraw all charges against the businesswoman. Naidu stands accused of gross dishonesty and bringing the NPA into disrepute.
According to Van der Merwe’s affidavit - and confirmed by well-placed sources close to the hearing - the “evidence” relates to a 275-page report from Sars chartered accountant Sumantha Ramharak, who was tasked with auditing Mpisane’s company, Zikhulise Cleaning and Transport, shortly before the business tycoon was slapped with charges of fraud and tax evasion running into millions.
That report, withheld by Naidu during the trial, is said to have cleared Mpisane of any wrongdoing in her tax affairs.
In his affidavit, Van der Merwe alleges that Naidu - who he insists had possession of the report - instructed him to “take some shots” for her by telling the court that Naidu did not have that report.
“During a court break advocate Naidu came out of court and I showed her the Ramharak audit verification report. We confronted her and told her that she was in possession of the report. Warrant Officer Prinsloo informed advocate Naidu that this report was in her possession during the consultation they had with Ramharak on October 3, 2012, and asked her to consider informing the court that she merely forgot about it and was going to hand the statement and report to the defence team as it was immediately available.
“Advocate Naidu was reluctant to do so and told me that she had taken enough shots and that I can take some shots now,” explains Van der Merwe.
Expressing surprise at the alleged instruction, Van der Merwe adds: “I was totally dumbfounded by what she had told me. In practical terms she expected me to lie to the court that she was never in possession of the Ramharak audit verification report. I was not willing to do so and I told her that in clear terms.”
Naidu, through her union representative, Roshan Lil-Ruthan, has denied all the allegations against her and maintains her innocence.
However, Naidu was dealt a further setback in her disciplinary case this week, with the dismissal of her application to have the chairman of the hearing, Gauteng advocate Justice Mnisi, as well as the NPA’s legal representative, Durban advocate Naleni Govender, recused.
Naidu’s legal team argued the appointment of both Mnisi and Govender went against a collective bargaining agreement between the Public Service Association union and the NPA which states that disputes will be resolved internally.
A senior source in the NPA has dismissed Naidu’s argument as “delaying tactics”.
“They requested an external chairperson on the basis that they wanted someone neutral and also submitted a letter to that effect. The NPA also has a right to appoint its own choice of legal representative as much as she (Naidu) has that freedom of choice,” added the source.
Senior Sars officials are also said to have flown down from Pretoria, demanding to be present when the NPA questions Sars witnesses
.
The hearing was adjourned to later next month.
The Mercury